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India Govt notifies amended SC/ST law

RISE OF DALITS on Monday, January 25, 2016 | 7:44:00 PM

SC/ST law

The Centre has decided that the amended Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act will come into force on Tuesday, Social Justice and Empowerment Minister Thaawar Chand Gehlot told The Indian Express.

The amended law, which provides for stringent punishment to those found guilty of crimes against members of Scheduled Castes and/or Scheduled Tribes, was granted assent by President Pranab Mukherjee on January 1. But it wasn’t notified by the Ministry of Social Justice and Empowerment since the rules governing it had not been finalised.

Now, in a move that possibly betrays its anxiety over being perceived as anti-Dalit following the furore over the suicide of a research scholar in Hyderabad, the government has decided to bring the new law into force even though the rules governing it remain a work in progress.

“The act in its new form is coming into force from January 26. We have amended it in a manner that atrocities like various forms of social ostracisation can be prevented by law. The punishment is also stricter. The complete framing of the new rules would take another month but even with the old rules the law in its new form will be effective tomorrow,” said Gehlot.

“Atrocities and humiliation, like preventing a wedding procession from being taken out, smearing black paint on the face, parading women naked in the villages, etc., are now explicitly mentioned in a manner that seeks to make the safety net wider and more effective,” he added.
The new law widens the scope and definition of offences committed against SCs and STs, adding new offences to the list.

Among the new offences are: garlanding a SC/ST person with footwear; instituting false, malicious or vexatious suit or criminal or other legal proceedings against a SC/ST member; giving false or frivolous information to any public servant and thereby causing such public servant to use his lawful power to the injury or annoyance of a SC/ST member; attempting to promote feelings of ill-will against SCs or STs; imposing or threatening a social or economic boycott.

Preventing a Dalit from entering a place of worship, using common property resources or entering an educational or health institution are also offences under the new law.

As reported by The Indian Express, Union Minister Bandaru Dattatreya and the university Vice-Chancellor P Appa Rao, both named in an FIR registered following the suicide of Dalit scholar Rohith Vemula, were not charged under the amended law since it had not been notified. Legal experts say more charges could have been pressed against them had the amended law been notified.

Written by Maneesh Chhibber , Avishek G Dastidar
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